QuestionsQuestions (Act No. 518)
It defines as the act of three or more persons conspiring together to form a band (hand of robbers) for stealing carabao or other personal property by means of force and violence, going out upon the highway or roaming the country, armed with deadly weapons for that purpose.
Three (3) or more persons.
Generally: (1) there are three or more persons who conspire together; (2) they form a band for stealing carabao or other personal property; (3) the stealing is by means of force and violence; (4) they go out on the highway or roam the country; and (5) they are armed with deadly weapons.
The band must be armed with deadly weapons for the purpose of robbery.
Every person engaged in the original formation of the band, and every person who joins it thereafter, may be punished under Section 1.
Death or imprisonment for not less than twenty (20) years, in the discretion of the court.
No. Under Section 2, it is not necessary to adduce evidence that any member of the hand has in fact committed robbery or theft.
Conviction is justified if, from the circumstances, it can be inferred beyond reasonable doubt that the accused was a member of the armed band described in Section 1.
Any circumstances showing the accused was part of the armed band—e.g., participation in forming the group, being found with the band while armed, acting as part of its operations, or other credible facts linking the accused to membership.
They may be tried in the Court of First Instance in any province where they may be taken or from which they may have fled.
Those who knowingly aid or abet the band by (1) giving information of the movement of police/constabulary, or (2) securing stolen property, or (3) procuring supplies of food, clothing, arms, or ammunition and furnishing them to the band.
Imprisonment for not less than ten (10) years and not more than twenty (20) years.
Section 1 punishes those who form or join the band (principal membership) with death or at least 20 years; Section 4 punishes those who knowingly aid/abet the band with 10 to 20 years.
Yes, per Section 2—provided that membership is inferred beyond reasonable doubt from the circumstances, and the band meets the Section 1 requirements.
Knowingly aiding/abetting by giving information of the movement of the police or constabulary.
It states that the public good requires passage of the act and refers to a procedural requirement under a previous act prescribing the order of procedure in enactment of law.
Upon its passage.
It is part of the definition of the offense under Section 1; the band must go out on the highway or roam the country in furtherance of the armed robbery/brigandage purpose.